We are frequently asked questions about how to pay home health care workers. Unfortunately, the cash arrangements that many people use to pay caregivers are not legal and we need to discuss the risks and liabilities of this practice.
It can be very confusing for the consumer to distinguish when a home health care worker is a private contractor and when they are an employee. When the worker also lives in the home, there are additional considerations about record keeping and overtime compensation.
There are even some concerns about liability when the home health care worker is hired through an agency of which the consumer needs to be aware. The United States Department of Labor has published a guide to address some of these issues. The following link will direct you to their website to download the guide, “Paying Minimum Wage and Overtime to Home Care Workers: A Guide for Consumers and their Families to the FLSA.”
While this publication does not address all of the issues that need to be considered, like insurance and withholdings, it is a good start to understanding how to classify and pay in home health care workers.
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.